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RI Social Security Disability Lawyer

This document provides an overview of applying for Social Security Disability Insurance (SSDI) and explains the appeal process. It notes that the SSDI application process can be complicated and stressful for applicants coping with a disability. It also summarizes that hiring a Social Security disability lawyer can increase one's chances of success in the appeals process, as over 73% of cases heard by an administrative law judge or higher resulted in awards between 1999-2009. The document encourages contacting d'Oliveira & Associates, a Rhode Island law firm specializing in Social Security disability, for a free legal consultation.

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168 views3 pages

RI Social Security Disability Lawyer

This document provides an overview of applying for Social Security Disability Insurance (SSDI) and explains the appeal process. It notes that the SSDI application process can be complicated and stressful for applicants coping with a disability. It also summarizes that hiring a Social Security disability lawyer can increase one's chances of success in the appeals process, as over 73% of cases heard by an administrative law judge or higher resulted in awards between 1999-2009. The document encourages contacting d'Oliveira & Associates, a Rhode Island law firm specializing in Social Security disability, for a free legal consultation.

Uploaded by

wmdmlaw
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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RI SOCIAL SECURITY DISABILITY LAWYER dOLIVEIRA & ASSOCIATES

2540 Pawtucket Ave. East Providence, RI 02914 http://www.good-legal-advice.com

1-800-992-6878

Social Security Disability An Overview


Helpful Information About Applying for Social Security Disability Applying for Social Security Disability Insurance (SSDI) can be a complicated and stressful time. Applicants may be coping with a disability while the government is looking for complicated forms and records that may be hard to find. Worse still, many applicants may have already been denied SSDI and need advice about the upcoming and complicated legal process. This document will try to clear up some questions about what SSDI is, including whether you may need a Social Security Disability lawyer to help you through this complicated process.

How Social Security Determines Disability


The Social Security Administration (SSA) is the federal agency charged with determination of disability. It operates through a series of field offices throughout the United States. The SSA has five offices in Rhode Island located in Providence, Newport, Pawtucket, Warwick, and Woonsocket. Once the field office has verified non-medical information such as age, employment, marital status, and Social Security coverage, the SSA hands the information on to a special state agency called a Disability Determination Service (DDS) that performs the actual determination. In Rhode Island, the DDS is run by the Office of Rehabilitative Services. Type of Medical Kind of Evidence Professional Provided The SSA determines whether or not an applicant Licensed Physicians (M.D. or General Evidence is disabled according to a publication called Disability D.O.) Evaluation Under Social Security (also known as the Licensed or Certified Mental Retardation, Blue Book). The Blue Book contains rules for medical Psychologists Learning Disabilities, evidence the SSA and DDS accept, and the list of Borderline Intellectual recognized disabilities. While the applicant is still in Functioning Licensed Optometrists Visual Disorders treatment, the SSA prefers to gather evidence from the Impairment of the Foot and treating professional. The records from your current Licensed Podiatrists Ankle doctors may be best for helping the SSA process your Qualified Speech-Language Speech or Language claim more quickly and without needing to go to another Pathologists Impairments doctor to complete your claim. The SSA also requests copies evidence from other sources, such as hospitals, clinics, and other health care facilities where you may have been treated. If there is not enough evidence provided for the SSA to make a determination of disability, then the state DDS may request a Consultative Examination, or CE. The CE is performed by a doctor or other health care professional selected by the DDS. This may also be done if the treating medical professional is unable or unwilling to help, or the SSA has had negative experiences with the treating professional. These exams are often at the expense of the SSA, and they may cover certain transportation costs. For more information on these statistics, please visit the SSDI Statistical Report.

RI SOCIAL SECURITY DISABILITY LAWYER dOLIVEIRA & ASSOCIATES

When Social Security Disability Denies a Claim

From 1999 to 2009, the amount of SSDI claims more than doubled, from 1.2 million per year, to 2.7 million per year. In the same time, the percentage of claims that resulted in awards declined from 56% to 36%. While just over half a million applicants were denied in 1999, that number almost tripled to nearly 1.5 million. Levels of SSDI Appeal Reconsideration When an initial claim is denied, there is an appeals process that is available. Administrative Hearing Within 60 days from the date of your denial letter, you can appeal the decision. There Appeals Council are four levels to the appeal: reconsideration, hearing by an administrative law judge, Federal Court review by the Appeals Council, and Federal Court review. Each level of appeal happens one after the other you cannot go to Federal Court before applying to the SSA for reconsideration, and you cannot go before the appeals council before having an administrative hearing. Reconsideration is the first step in the appeals process. A member of their staff who did not participate in the original decision to deny your claim reviews all of the information that has been submitted to the SSA. If there is any new evidence, that is also part of the reconsideration process. From 1999 to 2009, only an average of 11% of all reconsiderations resulted in a new award. If the Reconsideration does not result in an award, the next step as an Administrative Hearing before an Administrative Law Judge. These judges have limited powers under the law that created the Social Security Administration, but are otherwise much like any other judge. If the Hearing still does not end with a reward, the decision can be appealed to the Appeals Council. If the Council also does not grant a reward, then the applicant can appeal directly to Federal district court. This is a more traditional courtroom setting. Of all cases that went to the Hearing stage or beyond between 1999 and 2009, over 73% resulted in an award for the claimant.

RI SOCIAL SECURITY DISABILITY LAWYER dOLIVEIRA & ASSOCIATES

Hire a Social Security Disability Lawyer - Increase Chances of Success


The Social Security Disability process can be long and complicated. The increased success rate at higher levels of appeals can be attributed to applicants hiring attorneys to handle those appeals. While it is always a good idea to hire an attorney before you get to the Federal court level, it may be in your best interest to hire a Social Security Disability lawyer before you begin your application process or before the first appeal of a denied claim.

For More Information


For more information on SSDI applications and appeals, especially in Rhode Island, please click here.

Statistics: Rhode Island and Social Security Disability


Year 2003 2004 2005 2006 2007 2008 2009 Number of Recipients in RI 201,875 207,621 209,371 212,491 208,429 203,731 203,223 Total Payments $1,338,000,000 $1,531,000,000 $1,638,000,000 $1,647,000,000 $1,632,000,000 $1,648,000,000 $1,556,000,000 Average Payment (dollars)

$6,629
$7,374 $7,822 $7,750 $7,830 $8,087 $7,654

RI Social Security Disability Lawyer dOliveira & Associates


It can be very difficult and complicated to obtain Social Security Disability Insurance (SSDI) after a work-related injury. It may be in an applicants best interests to speak with a Social Security Disability attorney regarding for advice. dOliveira & Associates, P.C, RI Social Security Disability lawyers. Please contact the law offices of dOliveira & Associates, P.C. at 1-800-992-6878 or fill out a contact form for a free legal consultation.

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